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MASTERMIND MODEL UNITED NATIONS:

SESSION II
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TABLE OF CONTENTS:

 Cover Page 1
 Table of Contents 2
 Message from the Executive Board 3
 Introduction to the Committee 4-5
 ACCESS TO SAFE SEXUAL AND REPRODUCTIVE HEALTH RIGHTS IN THE
LIGHT OF THE U.S. SUPREME COURT DECISION TO STRIKE DOWN ROE V.
WADE 6-24
 Sexual and Reproductive Health Rights
 Population and Health Policies and Strategies
 SRHR and Sustainable Development (Issues relating to Gender Inequality,
GBV etc.)
 Child, Adolescent, Youth Health and Child Marriage; Policies and
strategies relating to Child, Adolescent & Youth Health; Adolescent
Reproductive Health and Early Marriage
 Gender Based Violence; Legislation related to Gender Based Violence;
Extent of Gender Based Violence
 Legislation and Policies on Sexual Orientation and Gender Identity
 Relevant human rights standards
 ABORTION; LEGAL STATUS OF ABORTION; ABORTION LAWS
ACROSS BORDERS
 Roe v. Wade and Overturning of Roe v. Wade
 Questions A Conclusion Must Answer 25
 REFERENCES AND FURTHER READING MATERIALS 26
 ALL YOU NEED TO KNOW ABOUT A POSITION PAPER 27-30
 Sample Position Paper
 Position Paper: Hygiene Factor
 RESEARCH SKELETON 31
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Message from the Executive Board:

Distinguished Delegates,

We, the Executive Board Members, are eagerly waiting to meet you all in the second session
Mastermind MUN. We hope that all of you are researching well to prepare for the conference. We
hope that all of you will be able to showcase your diplomacy skills blended with your academic,
political and legal knowledge. We expect you to have your thoughtful arguments and conclusions
rehearsed and revised well before presenting to us.

We wish you best of luck for this MUN. We will always be available for assistance. For any query,
you can mail us!

Thanking you in anticipation.

Regards,

Co-Chairperson: Co-Chairperson: Director:

Rifa Tamanna Tashfia Shahab Farzin Tanzida Israt Bismy
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Introduction to the Committee –

United Nations Commission on the Status of Women (UNCSW)

The Commission on the Status of Women (CSW) or the United Nations Commission on the Status
of Women (UNCSW) is a functional commission of the United Nations Economic and Social
Council (ECOSOC). The committee was established on 21st June, 1946 after the drafting of
ECOSOC Council Resolution 11.

The mission of the committee is to promote Gender Equality and Women Empowerment. The
committee works closely with “governments and civil societies to design laws, policies, and
services” for women and girls worldwide. The committee also aims to achieve two Sustainable
Development Goals: Gender Equality, and Reduced Inequality.

The principle strands of focus for the committee are as follows;

- “Women lead, participate in, and benefit equally from governance systems

-Women have income security, decent work, and economic autonomy

-All women and girls live a life free from all forms of violence

-Women and girls contribute to and have greater influence in building sustainable peace and
resilience, and benefit equally from the prevention of natural disasters and conflicts and
humanitarian action.”

The Commission adopts multi-year programs of work to make progress and further
recommendations to accelerate the implementation of Action for the Platform. These
recommendations then form negotiated agreed conclusions on a priority theme. The Commission
on the Status of Women (CSW) also contributes to the follow-up to the 2030 Agenda for
Sustainable Development to accelerate the implementation of gender equality and women's
empowerment.
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The priority theme for 2022 is: Achieving gender equality and the empowerment of all women and
girls in the context of climate change, environmental and disaster risk reduction policies and
programs.

Review theme: Women’s economic empowerment in the changing world of work (agreed
conclusions of the sixty-first session).

The committee consists of 45 members elected by ECOSOC for the tenure of 4 years. The
Commission tries to restrict itself to a majority of women delegates which they believe are crucial
to resolving the challenges and crises women face globally.

The UNCSW also participated in drafting The Universal Declaration of Human Rights (1948).
Following the drafting, the UNCSW also began to draft international conventions on women’s
rights: The political rights of women (1953), Convention on Consent to Marriage, Minimum Age
for Marriage and Registration of Marriage (1962). These conventions were among the first to
address such issues in global society. In 1963 the UNCSW began drafting the Declaration on the
Elimination of Discrimination against Women which was adopted by the UN General Assembly
in 1967. In 1993 the General Assembly also adopted the Declaration on the Elimination of
Violence against Women.

The Beijing Declaration and Platform for Action were approved at the 1995 Fourth World
Conference on Women, which the Commission served as preparatory body. Following the summit,
the General Assembly gave the Commission a mandate to oversee and advise ECOSOC on the
application of the Beijing Declaration and Platform for Action. The Institution of the Special
Adviser on Gender Issues and the Advancement of Women was formed as another UN office for
the promotion of gender equality, the Office of the Special Adviser on Gender Issues and
Advancement of Women (OSAGI).

“In 1996, ECOSOC expanded the Commission’s mandate through resolution 1996/6. It decided
that the commission will take a leading role in monitoring and reviewing progress and problems
in the implementation of the Beijing Declaration and Platform for Action, and in mainstreaming a
gender perspective in UN activities.”
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ACCESS TO SAFE SEXUAL AND REPRODUCTIVE HEALTH

RIGHTS IN THE LIGHT OF THE U.S. SUPREME COURT
DECISION TO STRIKE DOWN ROE V. WADE

Sexual and Reproductive Health Rights:

Women’s sexual and reproductive health is related to multiple human rights, including the right to
life, the right to be free from torture, the right to health, the right to privacy, the right to education,
and the prohibition of discrimination. The Committee on Economic, Social and Cultural Rights
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(CESCR) and the Convention on the Elimination of Discrimination against Women (CEDAW)
have both clearly indicated that women’s right to health includes their sexual and reproductive
health.

This means that States have obligations to respect, protect and fulfill rights related to women’s
sexual and reproductive health. The Special Rapporteur on the right to health maintains that
women are entitled to reproductive health care services, and goods and facilities that are:

 available in adequate numbers;

 accessible physically and economically;
 accessible without discrimination; and
 of good quality.

Examples of violations:

Despite these obligations, violations of women’s sexual and reproductive health and rights are
frequent. These take many forms, including:

 denial of access to services that only women require;

 poor quality services;
 subjecting women’s access to services to third party authorization;
 forced sterilization, forced virginity examinations, and forced abortion, without women’s
prior consent;
 female genital mutilation (FGM);
 early marriage; etc.

Causes and consequences of sexual and reproductive health violations:

Violations of women’s sexual and reproductive health and rights are often due to deeply engrained
beliefs and societal values pertaining to women’s sexuality. Patriarchal concepts of women’s roles
within the family mean that women are often valued based on their ability to reproduce. Early
marriage and pregnancy, or repeated pregnancies spaced too closely together—often as the result
of efforts to produce male offspring because of the preference for sons—has a devastating impact
on women’s health with sometimes fatal consequences. Women are also often blamed for
infertility, suffering ostracism and being subjected to various human rights violations as a result.
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Sexual and reproductive rights are an integral component of basic human rights. The fundamental
right to health was first codified in the Universal Declaration of Human Rights of the UN General
Assembly in 1948. Choice in reproduction was explicitly recognized in 1968 at the World
Conference on Human Rights in Tehran, Iran. In Cairo, Egypt, the International Conference on
Population and Development (ICPD) in 1994 articulated the need for a human-rights framework
to address population and reproductive-health issues to eradicate poverty and improve the quality
of life for all people. With agreement from 179 countries, the empowerment of women and
achievement of people’s individual needs for health, including reproductive health, was accepted
as essential for sustainable economic, social, and environmental development. Access to sexual
and reproductive health is the gateway to health, because it is pivotal to our survival as a species.

Despite this long history, sexual reproductive rights are not well understood as relevant by many
health-care groups—even in high-income countries. These rights are not always translated into
daily practice, such as privacy, informed consent, confidentiality, and non-imposition of an
individual’s religious beliefs onto others. A global illustration can be found in access to sexual
assault services as part of sexual reproductive rights, because the right to benefits of scientific
progress includes emergency contraception, antiretroviral drugs (post-exposure prophylaxis), use
of manual vacuum aspiration, or mifepristone and misoprostol to provide safe abortion services if
appropriate. Coerced pregnancy (or abortion) is a violation of the right to liberty and security of
the person. The rights of young people are especially controversial, since their rights to delay
marriage until they are no longer defined as children (age 18 years) would reduce the inherent
maternal mortality of pregnant young adolescents. But there is already substantial unmet need in
comprehensive sex education and services for adolescents, married or not. This sound public-
health approach, supported by evidence and implied in a combination of rights treaties, is difficult
to implement and dependent on community participation. The reduction of commitment to family
planning is a denial of several rights, and aggravates economic challenges in low-income countries.
These include the right to decide freely whether and when to have children, and the right to liberty
and security for women, who have the right not to die from pregnancy-related causes. The right to
life has been marketed by religious groups with a narrow definition not intended in the scope of
international law, but shows how effective the marketing of rights can be. An estimated 90% of
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deaths from unsafe abortions and 20% of obstetric mortality could be averted by rightful access to
effective contraception. In the Lancet series on neonatal survival, academician Lawn and
colleagues estimated that 4 million neonatal deaths a year were closely linked to sexual and
reproductive health, especially maternal mortality and morbidity. By eliminating inter-birth
intervals of less than 2 years, the evidence suggests that an additional 1 million deaths a year in
children younger than 5 years could also be averted. Having ratified their commitments to various
rights treaties, countries are obligated to implement them and report to monitoring committees on
their progress. Because access to contraception represents the most important step towards gender
equality, generally recognized to be pivotal in achieving all the Millennium Development Goals,
governments can be called to report to the committees for the Convention for the Elimination of
Discrimination against Women, the Convention on the Rights of the Child, and the Covenant on
Economic Social Still Pictures and Cultural Rights. Health-professional organizations and
academia can participate in these reporting sessions to present evidence that has been ignored and
to increase the profile of the reports, which are rarely seen in the mass media. Increasingly,
countries are also being held accountable by the courts to make existing laws (especially those on
abortion) transparent, fair, and evidence based, with findings provided by clinician researchers and
other professionals. Responsibilities to implement sexual reproductive health and rights need
political will at the national level. The suggestion that individuals should behave more responsibly,
or that with rights come responsibilities, assumes that people have the skills and resources at their
disposal to behave in that way. We are far from that debate. Researchers have a responsibility to
provide the evidence that forms the basis for recommended standards of health care, including new
technologies and treatments. Clinicians have a responsibility to practice evidence-based care in the
context of their country and to advocate for evidence-based changes or clarity in health policy and
law to reduce mortality and morbidity. Health administrators have a responsibility to stop active
poaching of health-care providers from resource-poor settings and to think innovatively about
basic health-care training. Academics have a responsibility to educate lawyers and health-care
providers in sexual reproductive health and rights. Religious leaders have a responsibility to
consider how they can support sexual reproductive health and rights, rather than leave a perception
of condoning a double standard that has fatal consequences for women and children. Donors and
funding governments have a responsibility to remove barriers to implementation of sexual
reproductive health and rights, rather than tying funding to non-evidence-based requirements,
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which includes adequate funding of health-care providers. Collaboration between parties with
responsibilities for sexual reproductive health builds capacity, and community participation is of
vital importance. It is not only possible but essential that evidence-based sexual reproductive
health and rights and known economic arguments are better used to ramp up the currently
unacceptable rate of progress. Denial of sexual and reproductive rights is a preventable cause of
death. The causes are power, politics, and poverty. The deadly reluctance to discuss sexual
behavior and related health issues factually must be overcome.

Population and Health Policies and Strategies:

Good sexual and reproductive health is a state of complete physical, mental and social well-being
in all matters relating to the reproductive system. It implies that people are able to have a satisfying
and safe sex life, the capability to reproduce and the freedom to decide if, when, and how often to
do so. To maintain one’s sexual and reproductive health, people need access to accurate
information and the safe, effective, affordable and acceptable contraception method of their choice.
They must be informed and empowered to protect themselves from sexually transmitted infections.
And when they decide to have children, women must have access to skilled health care providers
and services that can help them have a fit pregnancy, safe birth and healthy baby. Every individual
has the right to make their own choices about their sexual and reproductive health.

SRHR and Sustainable Development (Issues relating to Gender Inequality,

GBV etc.):

The International Conference on Population and Development draws a clear connection between
reproductive health, human rights and sustainable development. When sexual and reproductive
health needs are not met, individuals are deprived of the right to make crucial choices about their
own bodies and futures, with a cascading impact on their families’ welfare and future generations.
And because women bear children, and also often bear the responsibility for nurturing them, sexual
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and reproductive health and rights issues cannot be separated from gender equality. Cumulatively,
the denial of these rights exacerbates poverty and gender inequality. This is seen most acutely in
developing countries, where sexual and reproductive health problems are a leading cause of ill
health and death for women and girls of childbearing age. Impoverished women suffer
disproportionately from unintended pregnancies, unsafe abortion, maternal death and disability,
sexually transmitted infections (STIs), gender-based violence, and other problems related to
pregnancy and childbirth.

Child, Adolescent, Youth Health and Child Marriage; Policies and strategies
relating to Child, Adolescent & Youth Health; Adolescent Reproductive Health
and Early Marriage:

Young people are also extremely vulnerable, often facing barriers to sexual and reproductive
health information and care. Young people are disproportionately affected by HIV, for example,
and every year millions of girls face unintended pregnancies, exposing them to risks during
childbirth or unsafe abortions and interfering with their ability to go to school. Adolescent sexual
and reproductive health is therefore another important focus of UN bodies’ work. For millions of
young people around the world, the onset of adolescence brings not only changes to their bodies
but also new vulnerabilities to human rights abuses, particularly in the arenas of sexuality,
marriage and childbearing.

Millions of girls are coerced into unwanted sex or marriage, putting them at risk of unwanted
pregnancies, unsafe abortions, sexually transmitted infections (STIs) including HIV, and
dangerous childbirth. Adolescent boys are at risk, as well. Young people – both boys and girls –
are disproportionately affected by HIV.

Yet too many young people face barriers to reproductive health information and care. Even those
able to find accurate information about their health and rights may be unable to access the services
needed to protect their health.

Supporting adolescents’ health and rights:

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Adolescents’ sexual and reproductive health must be supported. This means providing access to
comprehensive sexuality education; services to prevent, diagnose and treat STIs; and counselling
on family planning. It also means empowering young people to know and exercise their rights –
including the right to delay marriage and the right to refuse unwanted sexual advances.

UN agencies and different governments, civil society, young people and youth-serving
organizations partner with one another to actively promote and protect the sexual and reproductive
health and human rights of adolescents.

Working with ministries, NGOs and other partners, UN also advocates for and supports the
efficient delivery of a holistic, youth-friendly health-care package of services. These include:

 Universal access to accurate sexual and reproductive health information;

 A range of safe and affordable contraceptive methods;
 Sensitive counselling
 Quality obstetric and antenatal care for all pregnant women and girls; and
 The prevention and management of sexually transmitted infections, including HIV

UN also works to ensure health services and supportive programs are available to young people
who are marginalized or hard to reach.

Gender Based Violence; Legislation related to Gender Based Violence; Extent

of Gender Based Violence:

Gender-based violence is one of the most prevalent human rights violations in the world. It knows
no social, economic or national boundaries. Worldwide, an estimated one in three women will
experience physical or sexual abuse in her lifetime. Gender-based violence undermines the health,
dignity, security and autonomy of its victims, yet it remains shrouded in a culture of silence.

While gender-based violence is not limited to violence against women and girls, according to
World Health Organization’s (WHO) data from 2021, almost one in every three women, or
approximately 736 million women, have been subjected to intimate partner violence, non-partner
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sexual violence or both at least once in their lifetime. This does not account for the 1 woman every
11 minutes who is killed by her partner (UNODC, 2020).

Violence starts early in the lives of women. Of those who have been in a relationship, almost 1 in
4 adolescent girls aged 15–19 (24 percent) have experienced physical and/or sexual violence from
an intimate partner or husband. The UNFPA Geospatial Intimate Partner Violence dashboard
shows intimate partner violence prevalence data for 119 countries and territories worldwide,
disaggregated by location, age, education, residence, employment and wealth.

The top 10 countries with the highest prevalence (in percentage) of Intimate Partner Violence
(UNFPA, 2020):

Violence is pervasive in all spaces women occupy – including digital spaces. UN bodies, like-
UNFPA, UNCSW etc. are working to understand how technology-facilitated violence manifests
and in making all spaces safe and free from violence. Worldwide, data from The Economist
Alliance Unit indicates that 38 per cent of women with Internet access have personally experienced
online violence. Research by Plan International among young women and girls has shown that 58
per cent of women aged 15-25 have been subjected to online harassment.

Impact of gender-based violence:

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When a woman has been subjected to gender-based violence, it has short and long-term
consequences for her physical, mental and sexual and reproductive health. Injuries, unintended
pregnancies, sexually transmitted infections and gynaecological disorders, as well as anxiety,
depression, post-traumatic stress disorder and even self-harm are only some of the impacts of
violence that survivors may face. For example, survivors of intimate partner violence have a
twofold increased risk of undergoing an induced abortion, and are 50 percent more likely to have
a sexually transmitted infection or HIV.

Gender-based violence is not only a violation of individual women’s and girls’ rights. The
impunity enjoyed by perpetrators, and the fear generated by their actions, has an effect on all
women and girls. It also takes a toll on a global level, stunting the contributions women and girls
can make to international development, peace and progress.

UNCSW works in partnership with women’s and youth feminist organizations, networks and
movements, civil society organizations, governments, academic and research institutes and other
partners, to support interventions to end violence against women including through prevention
programming, service delivery, policy and laws and data and research.

Responding to gender-based violence:

UNCSW supports comprehensive, survivor-centered responses in humanitarian and development

settings through quality health, social and justice services. At the core of UNCSW’s approach are
the right to safety, confidentiality, non-discrimination and self-determination for all survivors.

One key response is provided through integrating services for survivors into programmes, policies
and advocacy on sexual and reproductive health. As health services are among the first places
survivors of gender-based violence seek assistance, UNFPA leverages this critical opportunity to
reach affected women and girls. Those who present in need of support are referred to a wide range
of assistance, including life-saving medical services and supplies, cash or voucher assistance,
dignity kits, psychosocial services and legal support.

Several UN bodies also play a role in setting standards for respectful, survivor-focused care. Its
work is always in support of and in line with the joint UN Essential Services for Women and Girls
Subject to Violence and the Interagency Minimum Standards on GBV in Emergencies
Programming. UNFPA is the Inter-agency Standing Committee-mandated lead agency on gender-
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based violence in emergencies leading the Gender-based Violence Area of Responsibility

(GBVAoR), the global-level forum for coordination on gender-based violence prevention, risk
mitigation and response in humanitarian settings.

Preventing gender-based violence:

In its efforts to end gender-based violence, UNCSW works towards changing harmful social and
gender norms that perpetuate gender inequality. For example, UNCSW works with men and boys
to promote positive masculinities with the aim of securing gender equality and ending violence
and harmful practices against women and girls while being accountable to feminist movements.

UN agencies, like- UNFPA also uses comprehensive sexuality education as a primary prevention
strategy to end gender-based violence, since it helps adolescents to nurture positive gender-
equitable attitudes and values, which are linked to reduced violence, and healthier, equitable, non-
violent relationships. This early intervention can have long-lasting impacts across the lives of
women and men.

Supporting laws and policies:

Gender-based violence is a human rights violation and is the result of structural, deep-rooted
discrimination, which requires legislative, administrative and institutional measures and reforms,
including the eradication of gender stereotypes.

The United Nations supports governments in the implementation of international agreements

including the International Conference on Population and Development (ICPD), the Sustainable
Development Goals (SDGs), the 2030 Agenda, the Convention on the Elimination of All Forms
of Discrimination against Women (CEDAW) and the Beijing Platform for Action. UN Women,
UNCSW, UNFPA etc. has contributed to strengthening national policies, accountability
frameworks and legal normative frameworks, including laws on gender-based violence.

Measuring the problem:

UN also works extensively in collecting data and generating evidence to understand the
prevalence, incidence and impact of gender-based violence worldwide. For example, in 2016,
UNFPA and the Australian Department of Foreign Affairs and Trade launched the
kNOwVAWdata initiative in the Asia Pacific region. With support from the Joint EU-UN
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Spotlight Initiative, UNFPA has now scaled up the kNOwVAWdata initiative into a further three
regions. This initiative provides quality technical support and capacity building for the ethical
collection of evidence, as well as support in translating these data into evidence-based policies.

UNFPA also supports the Gender-Based Violence Information Management System (GBVIMS),
which is used in crisis settings, and an adapted version of this system for development settings
(GBVIMS+). These systems enable the safe collection, storage, analysis and sharing of data
reported by survivors.

UNFPA is also a partner in the UN Trust Fund to End Violence Against Women, a global grant-
making mechanism that invests in initiatives by civil society organizations from around the world
and that are aimed at ending gender-based violence through prevention, law and policy
implementation and access to essential services for survivors. And UNFPA co-leads, with
UNICEF, the Joint Programme to End Female Genital Mutilation/Cutting and the UNFPA-
UNICEF Global Programme to Accelerate Action to End Child Marriage.

Legislation and Policies on Sexual Orientation and Gender Identity:

People with diverse sexual orientations, gender identities and expression, and sex characteristics,
including lesbian, gay, bisexual, trans and intersex (LGBTI) people, have been neglected in efforts
to advance sexual and reproductive health and this has held back progress among wider
populations. Exclusion has been due, in part, to pervasive stigma and discrimination of LGBTI
people, including among health workers. These negative attitudes are emboldened by state
sponsored homophobia and trans-phobia which criminalize same sex sexuality of men in 72
countries and of women in 45 countries and control gender expression and deny self-determination
of gender identity. The report notes that fear of disclosure of sexuality or gender identity to health
service providers greatly inhibits LGBTI people’s ability to receive the correct information and
health care they need. This also means that fewer LGBTI++ people can access reproductive health
commodities that they need to protect themselves and their partners from health risks, particularly
as young adults. Efforts to address the disproportionate burden of HIV among gay, bisexual and
other men who have sex with men (MSM) and, to a lesser extent, trans-women have demonstrated
 U N C S W | 17

that it is possible to reach LGBTI people provision of in sexual health services. Nevertheless,
inclusion of these populations is often contested within national HIV responses. In some cases a
backlash has occurred such as in Tanzania where the Ministry of Health has withdrawn provision
of condoms and lubricant, arrested service providers and threatened to deregister organizations
serving MSM and other LGBTI people. Tanzania’s government has effectively banned these
essential health commodities and services because of the erroneous belief that they promote
homosexuality. Beyond what we know about HIV there is a dearth of data on the SRHR status of
LGBTI people in low and middle income countries. Today’s world calls for more investment in
building the evidence base on the SRHR needs of LGBTI people. OutRight’s paper Agenda 2030
for LGBTI Health and Well-being released last year during the UN High Level Political Forum on
Sustainable Development concurs with how the Commissioners have framed the SRHR needs of
LGBTI people which include:

 contraceptive counselling and services;

 reproductive health screenings;
 access to safer sex technologies;
 counselling for sexually transmitted infection (STI) risk prevention;
 STI treatment;
 pregnancy related services;
 partner violence and sexual violence;
 counselling on fertility options; and
 hormone therapy.

It is hoped that that this new definition will result in meeting the SRHR needs of more LGBTI
people. It is recommended that UN member states ensure that access to sexual and reproductive
health care is truly universal by: repealing punitive laws, policies, and practices that criminalize
consensual same-sex behavior and self-determination of gender identity; prohibiting non-
consensual medical procedures, including intersex genital mutilation, forced sterilization, and anal
examinations; collecting the number of services that address the sexual and reproductive health
(SRH) needs of LGBTI people nationally; measuring access to reproductive health commodities
relevant to LGBTI sexual and reproductive health: condoms, lubricants, dental dams, latex gloves
 U N C S W | 18

and finger cots; documenting inclusion of LGBTI topics in comprehensive sexuality education;
and ensuring SRH care providers commit to non-discrimination and respect for human rights in
provision of SRH information and services.

Relevant human rights standards:

CEDAW (article 16) guarantees women equal rights in deciding "freely and responsibly on the
number and spacing of their children and to have access to the information, education and means
to enable them to exercise these rights."

CEDAW (article 10) also specifies that women’s right to education includes "access to specific
educational information to help to ensure the health and well-being of families, including
information and advice on family planning."

The Beijing Platform for Action states that "the human rights of women include their right to have
control over and decide freely and responsibly on matters related to their sexuality, including
sexual and reproductive health, free of coercion, discrimination and violence."

The CEDAW Committee’s General Recommendation 24 recommends that States prioritise the
"prevention of unwanted pregnancy through family planning and sex education."

The CESCR General Comment 14 has explained that the provision of maternal health services is
comparable to a core obligation which cannot be derogated from under any circumstances, and the
States have to the immediate obligation to take deliberate, concrete, and targeted steps towards
fulfilling the right to health in the context of pregnancy and childbirth.

The CESCR General Comment 22 recommends States "to repeal or eliminate laws, policies and
practices that criminalize, obstruct or undermine access by individuals or a particular group to
sexual and reproductive health facilities, services, goods and information."

Human rights standards in this area have further been summarized in the OHCHR information
series on sexual and reproductive health and rights.
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ABORTION; LEGAL STATUS OF ABORTION; ABORTION

LAWS ACROSS BORDERS:

Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An

abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion";
these occur in approximately 30% to 40% of pregnancies. When deliberate steps are taken to end
a pregnancy, it is called an induced abortion, or less frequently "induced miscarriage". The
unmodified word abortion generally refers to an induced abortion.

Induced abortion has long been the source of considerable debate. Ethical, moral, philosophical,
biological, religious and legal issues surrounding abortion are related to value systems. Opinions
of abortion may be about fetal rights, governmental authority, and women's rights.

In both public and private debate, arguments presented in favor of or against abortion access focus
on either the moral permissibility of an induced abortion, or justification of laws permitting or
restricting abortion. The World Medical Association Declaration on Therapeutic Abortion notes,
"circumstances bringing the interests of a mother into conflict with the interests of her unborn child
create a dilemma and raise the question as to whether or not the pregnancy should be deliberately
terminated." Abortion debates, especially pertaining to abortion laws, are often spearheaded by
groups advocating one of these two positions. Groups who favor greater legal restrictions on
abortion, including complete prohibition, most often describe themselves as "pro-life" while
groups who are against such legal restrictions describe themselves as "pro-choice".

Abortion laws vary widely among countries and territories, and have changed over time. Such laws
range from abortion being freely available on request, to regulation or restrictions of various kinds,
to outright prohibition in all circumstances. Many countries and territories that allow abortion have
gestational limits for the procedure depending on the reason; with the majority being up to 12
weeks for abortion on request, up to 24 weeks for rape, incest, or socioeconomic reasons, and more
for fetal impairment or risk to the woman's health or life. As of 2022, countries that legally allow
abortion on request or for socioeconomic reasons comprise about 60% of the world's population.
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Abortion continues to be a controversial subject in many societies on religious, moral, ethical,

practical, and political grounds. Though it has been banned and otherwise limited by law in many
jurisdictions, abortions continue to be common in many areas, even where they are illegal.
According to a 2007 study conducted by the Guttmacher Institute and the World Health
Organization (WHO), abortion rates are similar in countries where the procedure is legal and in
countries where it is not, due to unavailability of modern contraceptives in areas where abortion is
illegal. Also according to the study, the number of abortions worldwide is declining due to
increased access to contraception.

Current laws pertaining to abortion are diverse. Religious, moral, and cultural factors continue to
influence abortion laws throughout the world. The right to life, the right to liberty, the right to
security of person, and the right to reproductive health are major issues of human rights that
sometimes constitute the basis for the existence or absence of abortion laws.

In jurisdictions where abortion is legal, certain requirements must often be met before a woman
may obtain a legal abortion (an abortion performed without the woman's consent is considered
feticide). These requirements usually depend on the age of the fetus, often using a trimester-based
system to regulate the window of legality, or as in the U.S., on a doctor's evaluation of the fetus'
viability. Some jurisdictions require a waiting period before the procedure, prescribe the
distribution of information on fetal development, or require that parents be contacted if their minor
daughter requests an abortion. Other jurisdictions may require that a woman obtain the consent of
the fetus' father before aborting the fetus, that abortion providers inform women of health risks of
the procedure—sometimes including "risks" not supported by the medical literature—and that
multiple medical authorities certify that the abortion is either medically or socially necessary.
Many restrictions are waived in emergency situations. China, which has ended their one-child
policy, and now has a two child policy, has at times incorporated mandatory abortions as part of
their population control strategy.

Other jurisdictions ban abortion almost entirely. Many, but not all, of these allow legal abortions
in a variety of circumstances. These circumstances vary based on jurisdiction, but may include
whether the pregnancy is a result of rape or incest, the fetus' development is impaired, the woman's
physical or mental well-being is endangered, or socioeconomic considerations make childbirth a
hardship. In countries where abortion is banned entirely, such as Nicaragua, medical authorities
 U N C S W | 21

have recorded rises in maternal death directly and indirectly due to pregnancy as well as deaths
due to doctors' fears of prosecution if they treat other gynecological emergencies. Some countries,
such as Bangladesh, that nominally ban abortion, may also support clinics that perform abortions
under the guise of menstrual hygiene. This is also a terminology in traditional medicine. In places
where abortion is illegal or carries heavy social stigma, pregnant women may engage in medical
tourism and travel to countries where they can terminate their pregnancies. Women without the
means to travel can resort to providers of illegal abortions or attempt to perform an abortion by
themselves.

There are no international or multinational treaties that deal directly with abortion but human rights
law and International criminal law touch on the issues.

The Nuremberg Military Tribunal decided the case of United States v Greifelt and Others (1948)
on the basis that abortion was a crime within its jurisdiction according to the law defining crimes
against humanity and thus within its definition of murder and extermination. The Catholic Church
remains highly influential in Latin America, and opposes the legalization of abortion. The
American Convention on Human Rights, which in 2013 had 23 Latin American parties, declares
human life as commencing with conception. In Latin America, abortion on request is only legal in
Cuba (1965), Uruguay (2012), Argentina (2021), Colombia (2022) and in parts of Mexico.
Abortions are completely banned in the Dominican Republic, El Salvador, Honduras and
Nicaragua, and only allowed in certain restricted circumstances in most other Latin American
nations.

In the 2010 case of A, B and C v Ireland, the European Court of Human Rights found that the
European Convention on Human Rights did not include a right to an abortion.

In 2005, the United Nations Human Rights Committee (UN HRC) ordered Peru to compensate a
woman (known as K.L.) for denying her a medically indicated abortion; this was the first time a
United Nations Committee had held any country accountable for not ensuring access to safe, legal
abortion, and the first time the committee affirmed that abortion is a human right. K.L. received
the compensation in 2016. In the 2016 case of Mellet v Ireland, the UN HRC found Ireland's
abortion laws violated International Covenant on Civil and Political Rights because Irish law
banned abortion in cases of fatal fetal abnormalities.
 U N C S W | 22

While abortions are legal at least under certain conditions in almost all countries, these conditions
vary widely. According to a United Nations (UN) report with data gathered up to 2019, abortion
is allowed in 98% of countries in order to save a woman's life. Other commonly-accepted reasons
are preserving physical (72%) or mental health (69%), in cases of rape or incest (61%), and in
cases of fetal impairment (61%). Performing an abortion because of economic or social reasons is
accepted in 37% of countries. Performing abortion only on the basis of a woman's request is
allowed in 34% of countries, including in Canada, most European countries and China.

The exact scope of each legal ground also varies. For example, the laws of some countries cite
health risks and fetal impairment as general grounds for abortion and allow a broad interpretation
of such terms in practice, while other countries restrict them to a specific list of medical conditions
or subcategories. Many countries that allow abortion have gestational limits for the procedure
depending on the reason; with the majority being up to 12 weeks for abortion on request, up to 24
weeks for social, economic, rape, or incest reasons, and more for fetal impairment or threats to the
woman's health or life.

In some countries, additional procedures must be followed before the abortion can be carried out
even if the basic grounds for it are met. For example, in Finland, where abortions are not granted
based merely on a woman's request, approval for each abortion must be obtained from two doctors
(or one in special circumstances). The vast majority, 90% of abortions in Finland are performed
for socio-economic reasons. How strictly all of the procedures dictated in the legislation are
followed in practice is another matter. For example, in the United Kingdom, a Care Quality
Commission's report in 2012 found that several NHS clinics were circumventing the law, using
forms pre-signed by one doctor, thus allowing abortions to patients who only met with one doctor.

Roe v. Wade and Overturning of Roe v. Wade:

Roe v. Wade, the landmark case that made access to legal abortion a constitutional right in the
United States, has been overturned by the Supreme Court, disrupting nearly 50 years of precedent.
 U N C S W | 23

“Roe” has become shorthand for the Supreme Court case known as Roe v. Wade. First argued in
1971 and decided in 1973, the case examined whether the U.S. Constitution recognizes a woman’s
right to end her pregnancy. Ultimately, the Supreme Court justices, by a 7-2 vote, decided that,
yes, abortion is a constitutional right.

The case was put forth in 1970 by Jane Roe, the alias of a Texas woman who brought the case
against Henry Wade, then the district attorney of Dallas County. In an eerie mirror to the present
state of Texan politics, Texas law at the time deemed abortion illegal except in instances where it
would prevent a mother’s death. Roe’s lawyers argued such caveats were vague and
unconstitutional, and that making abortion illegal infringed upon Roe’s right to privacy.

In a majority opinion written by Justice Harry A. Blackmun, the Court argued that making abortion
broadly illegal violates the due process clause of the Fourteenth Amendment, which ensures a
citizen’s right to privacy. The clause reads that “no State shall...deprive any person of life, liberty,
or property, without due process of law,” in essence meaning states must respect the rights afforded
to Americans. Within the context of Roe v. Wade, a person’s bodily autonomy was considered
part of their right to privacy, with excessive government regulation of a person’s body being
unconstitutional.

More specifically, the Court argued that abortions should be treated differently at various points
in a person’s pregnancy: In the first trimester, abortion may not be regulated by anyone besides a
pregnant person and their doctor; in the second, a state may regulate abortion if such a regulation
is “reasonably related to maternal health.” Finally, in the third trimester, once a fetus is “viable”—
in other words, can survive outside the womb—states may regulate or prohibit abortion altogether,
except in cases where the act is medically necessary to save a life.

Roe v. Wade is constitutional precedent, not a federal law. The Supreme Court and the wider
judicial branch determine whether or not it is constitutional for a state to enact certain laws. But
the Court itself does not codify those laws—that’s the job of the legislative branch.

Lawmakers on Capitol Hill could codify abortion protections into federal law, meaning that
abortion would remain legal regardless of the Court’s decision to overturn Roe v. Wade. However,
the Women’s Health Protection Act, which would’ve codified the right to an abortion, failed to
pass in the Senate in May.
 U N C S W | 24

With Roe v. Wade overturned, the question of abortion’s legality would be decided entirely by
individual states. Now that the case is overturned by the Supreme Court, abortion could become
outright illegal in numerous states.

The overturning of Roe v. Wade also calls into question the legitimacy of the Court, which is
expected to maintain precedent. Such precedent prevents landmark decisions from shifting every
few decades and ensures governmental stability. But in a time of increasingly polarized politics, it
seems unlikely that this Court will respect precedent.
 U N C S W | 25

Questions A Conclusion Must Answer:

 What policies should be closely regulated or developed in countries for women to get their
sexual and reproductive health rights?
 Should abortion be treated differently for rape victims?
 What threats to the status of women, their rights and equality does making abortion illegal
pose?
 Should there be any sort of program or financial aid to single mothers with no child
support?
 What role could political leaders play in this debate? How can their effect be optimized?
 Should there be a separate framework to ensure the SRHR of LGBTIQA++?
 Should abortion be criminalized under specific circumstances; (show the rationale behind
the answer)?
 Should there be other options for parents to opt out of their responsibilities of upbringing
their child after being born opposite to abortion?
 U N C S W | 26

REFERENCES AND FURTHER READING MATERIALS:

 https://documents-
ddsny.un.org/doc/UNDOC/GEN/N06/519/97/PDF/N0651997.pdf?OpenElement
 https://reproductiverights.org/maps/abortion-laws-by-state/
 https://reproductiverights.org/maps/worlds-abortion-laws/
 https://srhr.org/
 https://supreme.justia.com/cases/federal/us/410/113/#tab-opinion-1950137
 https://time.com/6173229/countries-abortion-illegal-restrictions/
 https://www.britannica.com/event/Roe-v-Wade
 https://www.cairn-int.info/article-E_POPU_1802_0225--abortion-around-the-world-an-
overview.htm
 https://www.elle.com/culture/career-politics/a39893932/what-happens-roe-v-wade-
overturned/
 https://www.elle.com/culture/career-politics/a39894580/roe-v-wade-summary/
 https://www.elle.com/culture/career-politics/a40179259/roe-v-wade-overturn-supreme-
court-abortion/
 https://www.guttmacher.org/state-policy/explore/overview-abortion-laws#
 https://www.npr.org/2022/06/24/1102305878/supreme-court-abortion-roe-v-wade-
decision-overturn
 https://www.npr.org/2022/06/29/1107656228/the-end-of-roe-has-implications-for-
abortion-rights-around-the-globe
 https://www.ohchr.org/en/node/3447/sexual-and-reproductive-health-and-rights
 https://www.ohchr.org/en/women/information-series-sexual-and-reproductive-health-
and-rights
 https://www.ohchr.org/sites/default/files/Documents/Issues/Women/WRGS/SexualHealth
/INFO_Abortion_WEB.pdf
 https://www.oyez.org/cases/1971/70-18
 https://www.researchgate.net/publication/6656687_Sexual_and_reproductive_health_righ
ts_and_responsibilities
 U N C S W | 27

ALL YOU NEED TO KNOW ABOUT A POSITION PAPER:

A Position Paper is a brief summary of a country's policy and interests concerning the topics. It
should contain a clear statement of the country‘s position on the topic and clear reasoning and also
suggesting a plan of action concerning the issues under consideration. An important task for you
before the conference starts is to write Position Papers, one for each agenda. In the Position Paper,
you should shortly summarize the results of your research. Each topic should be addressed briefly
in a policy statement representing the relevant views of your assigned country. You should also
include recommendations for action to be taken by your committee. Writing a position paper is
very important, since it helps you during the conference as a starting point for discussion.

The document should not exceed one to one and a half page.

A position paper will be assessed based on the following:

• Overall quality of writing, proper style, grammar etc.

• Citation of relevant resolutions/documents
• Consistency with the constraints of the UN/UNCSW
• Analysis of issues; rather than reiteration of the Research Report
• Innovative recommendations for action of your committee to undertake

Below is a generic sample outline for a position paper:

I. Introduction

A. Introduce the topic

B. Provide background on the topic

C. Assert the thesis (your view of the issue)

II. Counter Argument

A. Summarize the counterclaims

 U N C S W | 28

B. Provide supporting information for counterclaims

C. Refute the counterclaims

D. Give evidence for argument

III. Your Argument

A. Assert point #1 of your claims

1. Give your opinion

2. Provide support

B. Assert point #2 of your claims

1. Give your opinion

2. Provide support

C. Assert point #3 of your claims

1. Give your opinion

2. Provide support

IV. Conclusion

A. Restate your argument

B. Provide a plan of action

Sample Position Paper:

(Committee name) UNEP - United Nations Environment Programme (Flag)

(Agenda: Full) Global Warming

(Country: Full) Republic of India

 U N C S W | 29

Climate change is a problem of pressing concern. The world is currently at a level of 393.1 parts
per million. That’s a 2.2 ppm increase from the previous year, which is well above the average that
we have been experiencing in this past decade. This is hardly a safe level for the people of today,
and it is readily apparent that this problem is accelerating out of control. Very recently, the Indian
state of Uttarakhand was slammed with flash floods. It was a catastrophe that caused around 5,000
individuals to go missing. Scientists are now reporting that this was indirectly caused by global
warming. It is important to note that these are just a few of many lives that climate change has
taken. Although, floods and other immediate disasters are not the only concern. There is also the
well-known issue of our polar ice caps melting. Endangered species, both on land and underwater,
are going extinct as we speak due to the world's poor environmental code of conduct. Overall,
India sees this as an issue of the preservation of all forms of life on earth. And as a nation with
unprecedented levels of population growth and astronomical levels of air pollution, India believes
that the world cannot afford to wait until tomorrow to resolve these issues.

Despite these impacts, India is far too burdened to significantly increase its investment in the
protection of the global climate. As India's population, and thus pollution, rate keeps increasing,
there is a greater obligation to allocate its resources for more immediate humanitarian purposes.
India's primary concern must rest in the millions of impoverished citizens in its own country, rather
than to increase its already massive contribution to a problem that the entire world has obligations
to work towards.

It is important to remember that India is the home of approximately 1.236 billion people, making
it the second largest country in the world. However, it is third in terms of carbon emission. Perhaps
this is due to the fact that it has a far less developed economy than many others, or simply that
there is a lower percentage of individuals driving cars than many others. Either way, the leaders in
greenhouse gas reduction funding should be those that have accumulated the greatest economic
development. It is as good as impossible to say that India can currently invest in being one of those
leaders, as it is only 10th in terms of Gross Domestic Product. Also, when looking towards the
amount that is being polluted per person, it is apparent that India is well below the world average.

This is not to say that India does not wish to increase its support, or that India is against preexisting
ideas. It simply means that there is little India can provide in terms of supporting the effort to
reduce climate change, and that all nations should look at this issue more in terms of a collaborative
 U N C S W | 30

world obligation, rather than an individual obligation. The Kyoto Protocol is strong in terms of
creating simple standards to follow, but it lacks the flexibility and nuance necessary to meet each
individual nation’s needs. Once this way of thinking is achieved, we will be able to resolve the
issues that face us in our more traditional approach to addressing climate change

Position Paper: Hygiene Factor

• Write-up Length: 1-1.5 Page MAX (DO NOT EXCEED THE 1.5 PAGE LIMIT)
• Font: Times New Roman; Font Size: 12
• See the Position Paper Sample Carefully; Look how each sentence is in SAME
ALIGNMENT. Make sure to use “Justify” option to have the exact alignment in your write-
up. ***If you have no idea what Justify is called; please go to this link:
https://support.office.com/en-us/article/Align-text-left-or-right-center-text-or-justify-text-
on-a-page-70DA744D-0F4D-472E-916D-1C42D94DC33F
• For putting Reference in your Position Paper USE ADDITIONAL page.
• Reference Format: APA Style *** If you have no idea how to do APA style and have NO
time to do it manually; please go to this link: http://www.citethisforme.com/
• Please submit your Position Paper within the given deadline. Deadline: 11:59 pm, 11th
August, 2022 via Soft Copy by mailing to addresses which would be given in your
FB/Messenger group. Also submit a Hard Copy version of your position paper within 2;00
pm on 12th August, 2022
• Name your File in this Format before mailing: (Country Name_UNCSW and convert it in
PDF format before attaching the file.
• Your email must contain a subject and an email body!!
• DO NOT:
o Do not use UNNECESSARY WATER MARK; we don’t need Emblem of anything
o Do not put your name
o Please follow the SAMPLE POSITION PAPER carefully. Look at the above
portion of the sample write-up. Only the THINGS which are mentioned in the
bracket are required.
 U N C S W | 31

RESEARCH SKELETON:

 Introduction (writing about the topic)

 History of the Problem (providing previous situations and problems regarding previous
incidents based on the topic)
 Statement of the Problem (what scenario is going on now and how to overcome this
situation and also what could be some possible solutions)
 Bloc position (giving a short description about your country based on the agenda so that
the committee may get an idea about your country’s position on that)
 Possible Recommendations (providing solutions based on your QACMA)
 Conclusion (summarizing arguments)